South African Citizenship

• SA Visa
• Citizenship
Citizenship Options
• South African Citizen by Descent
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Deprivation of Citizenship
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Acquisition of the citizenship or nationality of another country
South African Citizen by Descent:

Anybody who was born outside of South Africa to a South African citizen. His or her birth has to be registered in line with the births and deaths registration act 51 of 1992.

South African Citizen by Naturalisation:
Permanent Resident holders of 5 or more years can apply for citizenship. Anybody married to a South African citizen qualifies for naturalisation, two years after receiving his or her permanent residence at the time of marriage.

A child under 21 who has permanent residence Visa qualifies for naturalization immediately after the Visa is issued.
Automatic loss of Citizenship.
This occurs when a South African citizen:
Obtains citizenship of another country by a voluntary and formal act, other than marriage, or;
Serves in the armed forces of another country, where he or she is also a citizen, while is at war with South Africa.

Deprivation of Citizenship:
A South African citizen by naturalization can be deprived of his citizenship if;
The certificate of naturalisation was obtained fraudulently or false information was supplied.

He or she holds the citizenship of another country and has, at any time, been sentenced to 12 months imprisonment in any country for an offence that also would have been an offence in South Africa.
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A South African work visa allows the holder to reside and work in South Africa for a stipulated duration. It is designed to meet the country's need for experienced foreign nationals to fill critical skills gaps and contribute to the local job market.

Who is a South African Work Visa For?
• Foreign nationals looking to work in South Africa for an extended period.
• Individuals who have spent 5 consecutive years working in South Africa and wish to reside more permanently due to job requirements.

How to Apply for a Work Visa
The application process varies by visa type. It's important to ensure you qualify under the correct category, based on:
• Skills and qualifications (formal studies, work experience).
• Completion of trade tests if applicable.
• Academic achievements from colleges or universities.
• Prior work experience, which is recognized by Home Affairs.

How Would I Qualify for a Work Visa in South Africa?
• You can qualify for permanent residency if you hold 5 years' worth of consecutively issued temporary general, quota, or exceptional skills work visas.
• Holders of intra-company transfer visas cannot qualify for permanent residency based on this criterion.

Evidence Required for Application
Applicants must provide:
• A valid passport with previous and current work visas.
• Police clearance from the home country.
• Academic transcripts and certificates.
• Letters of work references.

Changes in Visa Types
The Quota Work Visa and Exceptional Skills Work Visa have been replaced by the Critical Skills Visa option following changes in the Immigration Amendment Act of 2014. For positions classified as critical, refer to the critical skills list.

Pros and Cons of a South African Work Visa
Pros:
• No need to reapply for a work visa during the duration of the visa.
• Formal qualifications are not always necessary, though they can strengthen the application.

Cons:
• Holders of intra-company transfer visas cannot qualify for permanent residency; this visa is for a limited period.
• Visa eligibility is always skills-based.


This structured overview provides clarity on South African work visas, their eligibility requirements, and the application process. If you have any further questions or need more details, feel free to ask!

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• Against whom a warrant is outstanding or a conviction has been secured in South Africa or in any foreign country in respect of genocide, terrorism, human smuggling, trafficking in persons, murder, torture, drug-related charges, money laundering or kidnapping;
• Previously deported and not rehabilitated by the Department of Home Affairs;
• Who is or has been a member of an organization advocating the practice of racial hatred, social violence, or which utilizes crime or terrorism to pursue its ends;
• Found in possession of a fraudulent visa, passport, permanent residence permit or identification document.

Prohibited persons do not have to be “declared” as such. Often a foreigner finds that he or she simply cannot re-enter South Africa at a land border, or at a foreign port of embarkation. The reason for such restriction of entry could be that the foreigner’s identity details have been placed on the so-called “V-List” (“Visa Restricted” List) of the Department of Home Affairs.

What may also occur is that the foreigner has applied, within South Africa, for a temporary residence visa or a permanent residence permit and such application may be rejected because the DHA is of the view that a specific document or visa submitted by the applicant in his or her application, or in any past application, is “fraudulent” or has failed to be verified by the DHA.

The DHA may reject a visa or permit application on the basis of the applicant’s foreign or South African police record. Frequently while the applicant has never been convicted of the offences identified for prohibition purposes, the DHA may proceed to V-List such individual merely on the basis of its view that an ordinary “drunken-driving” conviction may render the applicant a person “not of good and sound character”. V-listing does occur on the basis of bureaucratic error.

The only remedy for a prohibited person is to apply to the Director-General of the DHA to declare him or her to be a “non-prohibited” person. Even though the Immigration Act merely requires a demonstration of “good cause” to have the DG lift the prohibition and remove his or her details from the V-List, DHA policy demands far more than “good cause” to lift the prohibition. Some of these applications are complex and technical and professional expertise is often well advised.

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To be an “undesirable person” and placed on the V-List, the foreigner must fall into one of the following categories:
• Is or is likely to become a public charge;
• Identified as such by the Minister of Home Affairs;
• Who has been judicially declared incompetent;
• An unrehabilitated insolvent;
• Who has been ordered to depart in terms of the Immigration Act;
• A fugitive of justice;
• Has previous criminal convictions without the option of a fine for conduct which would be an offence in South Africa;
• Has overstayed after the expiry of their visa.

The Immigration Act requires that the affected foreigner is physically “declared” an undesirable person by being handed a “declaration of undesirability” by an immigration official. This often happens when a foreigner overstays his or her visa and departs through a South African port of entry. The immigration official will complete the declaration and hand it to the affected person, stipulating the number of days the person has overstayed: any overstay of up to 30 days renders the person banned from returning to South Africa for one year, and any overstay of 30 days or longer prohibits the person from returning to South Africa for five years.

The only way the affected foreigner may have the grounds of undesirability waived and his or her restrictions removed from the V-List, is to apply to the Minister of Home Affairs, also on the basis of “good cause”. This is effectively an appeal against the undesirability status. Often these appeals are complex and most often require the assistance of a professional.

Don’t risk your income or future—let SA Migration help you stay legal and live stress free .
🚗 Call to Action:
Contact SA Migration today to schedule a free consultation. With 25 years of experience and full compliance with the Department of Home Affairs, Labour, SAPS, and Courts, we’re here to ensure your success.
📞 WhatsApp: +27 82 373 8415
📧 Email: info@samigration.com
🌐 Website: www.samigration.com
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Inter Company Transfer Visa

An intra-company transfer work Visa may be issued by the Department to a foreigner who is employed abroad by a business operating in the Republic in a branch, subsidiary or affiliate relationship and who by reason of his or her employment is required to conduct work in the Republic.

An important factor is that the applicant has to have been employed with the company abroad for a period of not less than 6 months.

The Intra company transfer is not designed to be a long term visa. The idea is to bring in foreign workers employed by the company abroad with a branch or subsidiary branch here in South Africa; they work or conduct training for four years, and then return home.

This Visa does not require the hassle of proving the company could not find suitable applicants and it does not require the hassle of verifying an applicant’s formal qualifications. It is based purely on employment. If you are a company that needs to transfer in foreign employers, please contact us and we will make this go as smoothly as possible.
It is important to note that this category of work Visa cannot be granted for more than four (4) years and this type of Visa is not extendable.
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How can we help you?
Please email us to info@samigration.com
Whatsapp message us on: +27 82 373 8415

Where are you now?
Check our website : www.samigration.com

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